Let me make a wild stab in the dark. The argument is NOT about the Commerce Clause, but the First Amendment. Yup, that's it. Ok, these commies need to be stopped.
I love this line:
This policy is incoherent, unworkable and unconstitutional," said the Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State. "Towey and FEMA seem to believe that religious schools aren't primarily religious. What a ridiculous assertion."
The Supreme Court did not approve of the use of public funds for religious purposes, said Lynn.
This line about the Supreme Court is so telling about what these people think. It isn't about what the Constitution says (because it would not disallow this type of spending based on the Establishment Clause) it is about whether the Supreme Court has approved this use of tax dollars! News Alert: it is not the Court's job to micromanage federal spending.
The Court has really screwed up this area of the law and only true orignalists like Scalia and Thomas can put humpty back together again. Unfortunately, Bush forgot his promise and nominated Forgetful Harriet.
